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November 2014

Foro Comunidad de Propietarios: Acceso a vivienda para reparación comunitaria

Clarisa G.

I’ve been six months waiting to have my living room painted by community insurance, because the Administrator fails to gain access to the apartment where the origin of my damp is.  He says that the neighbor replied to a burofax confirming he will come as every year at Easter.  The neighbor refuses to send the key before that date. Isn’t there another way to inrush the works?  Thank you

Administrador:  Juan López

Hi Clarisa.  All owners are required to facilitate access to houses when it is necessary for the community.  The jurisprudence makes different readings in cases of bonded labour.  However, it seems that the deals done by your adminsitartor are good.  We understand that there is no water leaking, so you wonty have more damages whereas the porperty above is empty.  Your administrator has sent a burofax, so if the case turns complicated there is proof of notification.  The neighbor has confirmed date, thus demonstrating cooparation.   Ultimately refused, in any case, the administrator may require authorisation by the community following agreement of the Board of proprietors approving legal actions to be undertaken.

Foro Comunidad de Propietarios: Cuando tengo invitados

Nigel L.

I am new on the site.  Sorry if my question has been covered before.  Last summer I bought a House on the coast.  In the community we have swimming pool and paddle tennis court.  To celebrate our new experience, we invite to my brother and his family to spend the summer with us.  They seemed not well received by the rest of neighbours when we were at the pool.  I thought that they were entitled to use the pool. Are they?

Administrator: Juan López

Nigel congratulations on your new home.  Basically, we only have information to directly answer the question with which you end your speech.  In the strict sense, the common areas are for the homeowners of their community.  Usually, it is not necessary internal regulations prohibiting the use of a pool to friends or relatives of the owner.  One’s common sense and good-neighbourliness, are those that regulate these situations.  Think that the pool is sized according to the number of houses, which in turn have a logical occupation of people.  If visits commitments, arise to all residents automatically, other owners would be being deprived of the right, because it would end up being impractical.   If in addition, there has been some agreement on AGM, you have to respect it imperatively.

Foro seguro de hogar: daños por avería de frigorifico

Steven R.

Hi, I have a single-family house insured by Línea Directa and last 15th of November I found the whole floor flooded with water and even falling to the basement, where many objects stored there got wet.

I phoned the Insurance Company and they sent a plumber to locate the fault at a broken key junction of a pipe coming out from behind the wall and which joins with a hose coming out of the fridge. It is a modern refrigerator, an ice maker, and it takes water from a pipe so when we removed the fridge we saw that it comes out of the ground and raises half a meter to join the sleeve. What is broken is the attached mechanism of the two tubes, probably by a raising water pressure.

The thing is that when the plumber reported to the Insurance Co. the incident by phone, they indicated to me that the incident is not covered because it is water damage for malfunction of the fridge

What can I do?

Thank you.

Moderator, Sergio Sanguino

Dear Steven,

The case you are mentioning is very common and I understand from your comments that the fault is not in a part of the refrigerator, but a key union of a private pipe supplied from the house and sleeve.

We review the general terms and conditions for Linea Directa and checked that on the existing definitions it distinguishes between hidden pipes or conduits and face pipes.

Hidden pipes are defined as those that are fully covered by structural elements of the house (ceiling, floor etc) and the face pipes are not fully covered by such elements. That is, when the pipe emerges from the ground to join the sleeve of the washing machine we have a face pipe.

Later on, we checked the water damage coverage and in point “a” they cover damage corresponding to fixed, hidden and private water leaks…”

Afterwards, the General Conditions of the policy mentions among the excluded cases in point “e” “damage as a result of breakage or damage to face pipes”

Therefore, taking the General Conditions of the policy, the claim would not be cover for a failure in a face pipe. This exclusion is not usual within the General Conditions of most insurers, but it figures in this contract.

My advice is to ask the Insurance Company to send you a rejection  letter of the claim and the reasons why they consider it is not covered, in case they understood the rejection of anything you could argue (breakdown or malfunction of the fridge which is not the case and it is what they told you on the telephone)

Kind regards.